BASTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 18(3) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) is filed by Basta Singh, Petitioner, seeking a direction to the Land Acquisition Collector, Urban Development, Punjab, to make a reference under Section 30 of the Act to the District Judge, Ropar. First the factual matrix :

(2.) The petitioner is uncle's son of Chanan Singh afore-mentioned. He made an application to the Collector on July 12, 1984 for making a reference under Section 30 of the Act for apportionment of compensation amount. A copy of the application is maked as Annexue P.2. It is the case of the petitioner that he had requested the Collector to make the reference to the District Judge but he had not sent the records so far.

(3.) In response to the notice issued by this Court, written statement has been fled in which it has been, inter alia, stated that records of the office of the answering respondent do not indicate that any application dated July 12, 1984, on behalf of the petitioner for reference under Section 30 of the Act, as alleged in the present petition, had been received in the office of the Land Acquisition Collector. It was admitted that the land of Chanan Singh was acquired and an award in relation thereto had been given on Sept. 12, 1984 and that Bhajan Kaur was declared to be entitled to receive compensation. It was also admitted that Smt. Gija Kaur had filed an application for seeking a reference under Section 30 of the Act and that the same had been dismissed by the Collector. It is also conceded that the petition filed by smt. Gija Kaur against that order had been allowed by this Court. In similar circumstances, a Full Bench of this Court in Sher Singh v. Union India, 1982 PunLJ 494, had ordered as under -